Search: Complementarity SAIF GADDAFI
13 Dec The Gambia v Myanmar Provisional Measures ICJ hearings: It’s a wrap…for now!
...not just for the reasons of lack of investigations and prosecutions, as well as pardons (for which the recent cases in the UK and USA were referenced). In the nod to complementarity, and the willingness and ability to ensure justice in a domestic system, this seemed a more apt argument to try and stave off International Criminal Court proceedings, not this case at the ICJ. Also, good to remember that military justice of the kind meted out in Myanmar would not meet the requirements of ensuring justice. In a volte-face,...31 May Weekend Roundup: May 17-31, 2015
...in the foot (IHL version). We had two guest contributions in the last two weeks. The first, from Rick Lines, Damon Barrett and Patrick Gallahue was entitled: The Death Penalty for Drug Offences: ‘Asian Values’ or Drug Treaty Influence? Marina Aksenova posted on Five Questions on the Colombian Sentencing Practice and the Principle of Complementarity under the Rome Statute. Finally, I wrapped up the news and posted on the events and announcements. Thanks to our guest contributors and to you for following us on Opinio Juris. Have a great weekend!...
09 Oct Trump vs. International Law: The Trump Administration and International Criminal Justice
...itself from ICC scrutiny by invoking complementarity and other arguments, it will relinquish a tool that has already proven invaluable in the face of atrocity situations where there are few other options. The plight of the Rohingya, which Ambassador Nikki Haley has championed within the Security Council, offers a prime example of the utility of the ICC to U.S. foreign policy priorities in the human rights context. Haley has called the Myanmar government’s denials of the abuses “preposterous” and demanded that the government investigate abuses and allow humanitarian actors better...23 Sep Sexism in Reporting on the ICC
...her dissenting opinion yesterday. She thought that too much weight was placed on expeditiousness of the proceedings to the expense of Kenya’s sovereign rights and principle of complementarity. She said despite Kenya’s plea for a few months to show additional proof of ongoing investigations, the pre-trial chamber judges led by Judge Ekaterina Trendafilova overlooked these and went on to issue a final decision on the matter within eight weeks of the filing. She said Ekaterina‘s assertions that the proceedings needed to go ahead quickly were misplaced as suspects were neither...
29 Oct Trafficking in Persons – the Forgotten International Crime? – Part 1
...example by the US State Department, Human Rights Watch, and the U.N. Panel of Experts on Libya. It remains to be seen if these investigative efforts will lead to concrete charges in the form of an arrest warrant. Yet, trafficking in persons may be more readily prosecuted as an international crime domestically, in states that have the legal machinery to do so. One such state is Uganda – a state that has been to the forefront of complementarity initiatives. It has domesticated the Rome Statute and created a specialized International...16 Oct Behavioral International Law: What Is It Good For?
...reference to the work of other colleagues. But it is not difficult to think of other areas of application. Do international and domestic courts, when faced with competing jurisdiction, consider their authority as an endowment? How could this bear on the positive/negative construction of complementarity in the International Criminal Court? Following on the discussion of proportionality – how do decision-makers consider similar concepts under human rights law – e.g., if an offsetting consideration is phrased as a derogation, a limitation or in terms of proportionality? Does the availability bias skew...
21 Jun Unwilling or Unable? The International Community’s Failure to Hold Israel Accountable for the Ongoing Apartheid in Occupied Palestine
...in the title of this piece. Indeed, it concerns the ICC complementarity principle which entails that states have priority in proceeding with cases within their jurisdiction, and a case is only admissible if a state is unwilling or unable to investigate crimes within the jurisdiction of the Court. By analogy, if the international community as a whole is unable (due to the US veto) or unwilling (considering the blatant double-standard positions of Western States) to hold Israel to account for its ongoing CAH, where can the Palestinians recourse to seek...23 Jun Events and Announcements: 23 June 2024
...(SOAS, University of London), Professor Andrew Williams (University of Warwick, UK) and Dr Dominika Uckiewicz (Pilecki Institute, Warsaw). Such items to be addressed include: lessons learned from the limitations and barriers faced by the UNWCC; the legal treatment of questions of immunity in the work and trials under the UNWCC; the prosecution of international crimes under the UNWCC framework; the right to a fair trial in UNWCC practice; the UNWCC as an early example of complementarity. To register for this event, please click here. For further information, please contact amina.adanan@mu.ie....
05 Mar International Courts and the Ouroboros: Legitimacy in the Age of Populism
...principle of complementarity by disregarding Kenya’s own national investigations. This legal critique of violating the principle of non-intervention helped fuel broader political opposition, with the ICC increasingly depicted as an instrument of Western intervention disproportionately targeting African states. While a motion for mass withdrawal from the Rome Statute ultimately failed within the African Union, the populist reframing of the issue garnered significant domestic support. Formalist legal grievances, therefore, often drive and sustain populist resistance to international courts. For example, the European Court of Human Rights has been criticized for overfitting...